Latest news with #ScottishInformationCommissioner
The Herald Scotland
3 days ago
- Health
- The Herald Scotland
NHS Fife faces new FOI probe over Sandie Peggie case
The health board published a lengthy statement on Friday, addressing what it described as "misinformation" around the case. NHS Fife insisted it had acted transparently and accused the campaign group Sex Matters, which is supporting Ms Peggie, of attempting to 'steer public opinion'. READ MORE It claimed reports suggesting it had been compelled to release cost information by the Scottish Information Commissioner were 'inaccurate.' The statement said: "The information commissioner stated in his decision cited above that: 'the withheld information the Authority provided to the Commissioner was obtained from CLO after the date it received the Applicants' requests. This means the Commissioner cannot make a finding on, or require disclosure of, this information in his decision notice.' "NHS Fife subsequently made the decision to publish the figures on its website up until 31 May 2025 in the interests of transparency, and on the basis that similar information was being actively sought." However, Decision 133/2025 — issued by the Commissioner earlier this month — was highly critical of NHS Fife's refusal to answer requests from The Herald and others about how much [[pub]]lic money had been spent defending the case. At the time of the ruling, Mr Hamilton found NHS Fife had not undertaken any searches for the information and had repeatedly argued it was exempt from disclosure. He dismissed those claims and ordered the board to carry out 'adequate, proportionate searches' and respond to applicants by Sunday July 14. Following the ruling, NHS Fife quietly published figures on its website confirming it had spent £220,465.93 on the case as of May 31. That figure has since risen to £258,831.31, though the board insists its direct liability is capped at £25,000 under the national CNORIS indemnity scheme. READ MORE In a strongly worded statement, Mr Hamilton said: 'The petulant tone of NHS Fife's latest statement is quite remarkable, but it is the contents that concern me most. 'They have now cast doubt upon the assurances they gave me regarding compliance with my Decision Notice. I will investigate further and, if the Authority has not indeed fully complied with my Decision, then I may report the matter to the Court of Session as a contempt of court.' The health board has already been forced to amend its statement after Ms Peggie's legal team accused it of linking threats of sexual violence to the nurse's supporters. During Friday's hearing, the claimant's barrister, Charlotte Elves, said it was 'a matter of some concern' that the health board appeared to be associating the actions of anonymous individuals online with Sex Matters, which is supporting Ms Peggie. She pointed to paragraph three of the NHS Fife statement, which referenced the organisation's CEO, Maya Forstater, who has already given evidence, and the group's chair, barrister Naomi Cunningham KC, who is leading Ms Peggie's case. The next paragraph states that while the case had attracted 'significant and very polarised debate' on social media, 'what began as debate has evolved into much more worrying behaviour, including a threat of physical harm and sexual violence, which has required the involvement of Police Scotland'. Ms Elves told the tribunal: 'Paragraph four of the statement seems to conclude that [Sex Matters' involvement] has resulted in more worrying behaviour that has involved Police Scotland. It is a matter of some concern that a party to proceedings seems to link a witness in these proceedings with the conduct of members of the public, including threats of physical violence.' She added: 'This is quite unusual conduct of a party in proceedings, and we are concerned that it is irresponsible and unsafe in the context of what we already know.' NHS Fife's senior counsel, Jane Russell KC, said she had only just seen the statement and asked for more time to consider it. However, she rejected the suggestion that it contained anything defamatory or untrue. 'It is a bit of a stretch to say that paragraph three is leading to paragraph four,' she said. 'There is no way NHS Fife's statement could be seen to directly link the threats to those involved with Sex Matters.' She argued that the context for the statement was important, stating: 'Because this has taken place in public, Fife's witnesses have been exposed to a very unsafe environment. I have received threats, as have witnesses.' Nevertheless, NHS Fife later tweaked the release, adding: 'To be clear, NHS Fife is not seeking to suggest that anyone involved with Sex Matters have contributed to the behaviour or issues mentioned above.' The Peggie tribunal resumed this week after a five-month adjournment. Ms Peggie, an A&E nurse at Victoria Hospital in Kirkcaldy, is suing the board and her colleague, Dr Beth Upton, after she was suspended for raising objections to the trans doctor's use of a female changing room on Christmas Eve 2023.
The Herald Scotland
6 days ago
- Health
- The Herald Scotland
Who are the key figures in the Sandie Peggie NHS tribunal
Sandie Peggie, the claimant, is an A&E nurse at Victoria Hospital in Kirkcaldy with 30 years' experience at NHS Fife. She holds gender-critical beliefs, asserting that biological sex is immutable. Her legal action stems from being suspended and disciplined after objecting to sharing the hospital's female changing room with Dr Beth Upton, a trans woman. On Christmas Eve 2023, the nurse experienced a sudden heavy period and was worried she had bled through her scrubs. When she went to the changing room and found Dr Upton there, she stated that, in her view, the medic was a man and should not be there. The specific words exchanged between the two are disputed. Ms Peggie stated she told Dr. Upton "how she felt uncomfortable and embarrassed". She also said "I think it was appropriate to call Beth a man. In the situation I was in, he would never be able to understand". Ms Peggie's complaints against NHS Fife and Dr Upton include sexual harassment, belief discrimination, indirect discrimination, victimisation, and whistleblowing detriment. She was placed on special leave on December 30, 2023, and formally suspended on January 4, 2024, following a complaint from Dr Upton. Although her suspension was later lifted, new restrictions were placed on her shift patterns. Supporting Ms Peggie's case, her husband, Darren Peggie, her daughter, and her mother, Sheila Bell, have provided evidence detailing her distress following the incidents. Sandie Peggie and supporters (Image: Andrew Milligan) The Respondents The first respondent is NHS Fife, the health board that employs both Ms Peggie and Dr Upton. They deny Ms Peggie's claims of harassment and reject that her statements constituted a protected disclosure. The case has resulted in legal costs for NHS Fife exceeding £220,000 — mostly covered by a national indemnity scheme, with the board's direct liability limited to £25,000. Their initial refusal to disclose these costs under Freedom of Information legislation led to a ruling against them by the Scottish Information Commissioner. The second respondent is Dr Beth Upton, a medic in the A&E department at Victoria Hospital, who identifies as a woman. Dr Upton began gender transition in January 2022 and said their manager understood that identifying as a woman entitled them to use the female changing rooms. Dr Upton submitted the formal complaint against Ms Peggie, describing an incident in the changing room on December 24, 2023, as a 'hate incident' and alleging bullying and a hostile environment. They testified that the confrontation left them 'distressed' and 'afraid'. During the investigation into the complaint they also made "potentially career ending allegations" against Ms Peggie, raising "clear fitness to practice questions". Specifically, they claimed the nurse "walked out of a resuscitation unit when Dr Upton entered, leaving a patient unseen". Dr Upton's line manager, Dr Kate Searle, also mentioned Dr Upton having notes about "the incident where the other person appeared to leave the room and stopped doing resus because Beth entered". Another allegation was the "missing patient incident" on December 18, 2023, where a patient was triaged and left the hospital without being seen, and Dr Upton noted Ms Peggie "not acknowledging my presence". Despite the alleged seriousness, these patient safety concerns were not reported immediately by Dr Upton. Ms Peggie denies all wrongdoing, describing the patient safety allegations as "fabricated" and "not true". She asserted that she had "never had any concerns" about patient care in her 30 years of experience. During cross-examination, she suggested Dr Upton was "making them up". Dr Beth Upton and supporters (Image: NQ) Legal Representation Ms Peggie is represented by solicitor Margaret Gribbon of McGrade & Co and barrister Naomi Cunningham, who is also chair of the Sex Matters organisation. NHS Fife and Dr Upton are jointly represented by Jane Russell KC. Other Individuals Dr Kate Searle, Emergency Medicine Consultant and Dr Upton's line manager, was informed of the intention to use the female changing rooms and received the formal complaint on Christmas Day 2023. An attempt by Ms Peggie's legal team to add Dr Searle as a third respondent was refused. Esther Davidson, Ms Peggie's line manager and a Senior Charge Nurse, was initially assigned to investigate the incidents but later became a stated that NHS Fife's equality and diversity department had advised that Dr Upton had the 'right' to use the female changing room. Ms Davidson made the initial decision to suspend Ms Peggie, citing allegations of harassment, bullying, and concerns for patient safety. Angela Glancy, another Clinical Nurse Manager, was also involved in the internal investigation. Isla Bumba, NHS Fife's Equalities and Human Rights Lead Officer, also advised that Dr Upton had a 'right' to use the female changing rooms because the medic 'identifies as a woman'. This guidance informed the board's inclusivity policies, which allow staff to use facilities that align with their 'gender identity'. Ms Bumba had previously encountered Dr Upton in the changing rooms on two occasions before the Christmas Eve incident that triggered the tribunal. Melanie Jorgensen, an HR officer at NHS Fife, expressed scepticism about the patient safety allegations, citing a lack of evidence and describing the suspension as 'ludicrous'. Neil Gray, the Cabinet Secretary for Health, was warned in June last year that NHS Fife may have acted illegally. The SNP minister was told the health board was failing 'to comply with its legal obligations to provide suitable workplace single-sex toilets and changing facilities for its staff.' When asked about the tribunal in February, he said the Scottish Government would "look with interest" at the outcome and 'take on board the recommendations as they come forward.' Neil Gray has said he has confidence in NHS Fife (Image: Jane Barlow/PA) External Organisations Sex Matters, a human rights charity, is supporting Ms Peggie and advocates for clarity on sex in law and policy. Its chief executive, Maya Forstater — whose own case established gender-critical beliefs as a protected characteristic — submitted a witness statement stressing the importance of biological sex and single-sex spaces for women's safety and privacy.
Daily Mail
05-07-2025
- Health
- Daily Mail
EXCLUSIVE New gender storm as NHS Fife brands Scots information tsar 'emotional' and 'not professional' in bizarre diatribe
A health board has accused Scotland's information tsar of being 'emotional', 'selective' and 'not professional' after he condemned its decision to withhold costs associated with a landmark 'single sex spaces' employment tribunal, MailOnline can reveal. NHS Fife bosses were left fizzing with rage at David Hamilton, the Scottish Information Commissioner, after he ruled the board had acted unlawfully by rejecting requests to reveal its legal bill for the Sandie Peggie case, internal documents show. Staff annotated a copy of Mr Hamilton's final judgement, handed down in May, with 'whingeing' comments blasting the Commissioner's decision. And in a huge data breach, they mistakenly sent the diatribe to a mother who had requested a copy of her poorly son's medical records. Vicki Tocher, whose battle to get her youngster Isaac, 8, treatment from NHS Fife made headlines last week, said she was 'shocked' to receive the annotated document rather than her son's records. She said: 'This unacceptable large data breach caused unnecessary incident shows NHS Fife's complete disregard for patients, staff, and the Scottish Information Commissioner's Office.' Meanwhile the Scottish Information Commissioner, Mr Hamilton, condemned the health board for 'wasting time' compiling the broadside against him rather than fulfilling its legal obligations to review its responses to FOI requests. He said: 'I'm aware that an NHS Fife staff member's personal commentary on the case was mistakenly disclosed into the public domain. 'I am confident, however, that it is unlikely to reflect the final view of the health board itself. 'My real concern is that valuable time has been wasted instead of expediting the additional actions I have required in that decision.' The tribunal relates to Sandie Peggie, 50, who was suspended by the health board after she challenged the presence of Dr Beth Upton, born a biological male, in the female changing rooms at Kirkcaldy's Victoria Hospital. She is arguing that having to change next to the trans medic broke the Equality Act. However, NHS Fife, which is using taxpayer money to defend itself in court, as well as Dr Upton and Dr Kate Searle, a third 'respondent' in the case, sparked fury when it refused to reveal how much public money it was using on the case in response to a freedom of information request submitted by this newspaper. Following a protracted transparency battle, the Scottish Information Commissioner said it had acted unlawfully and demanded it issue a new response by July 14. A spokesman for NHS Fife said at the time that 'NHS Fife notes the report from the Scottish Information Commissioner and intends to comply fully with its decision notice'. But internal NHS Fife documents show an information governance officer hit out at the judgement. She said that it was 'not professional' of Mr Hamilton to lump information requests made by MailOnline and two other applicants together. She went on to complain that Mr Hamilton had referenced the case had been brought against the health board as well as 'a specific employee' - Dr Upton - claiming that 'individual's (sic) should not be discussed' and said it was 'non-factual' because it also involved another employee, Dr Searle. The worker said that despite the fact that NHS Fife was using taxpayer money to fund the defence - which hard-working families may have presumed was going into the running of the health service - legal costs were 'personal' to both Dr Upton and Dr Searle. And in response to a line in the judgement which read that 'the Commissioner is frustrated – a feeling no doubt shared by the Applicants' at the health board's poor handling of the information requests, the officer mocked him by writing: 'The Commissioner should not be bringing an emotional statement into the review.' She added he was 'being selective' and was making assumptions about NHS Fife's conduct. Scottish Conservative equalities spokeswoman Tess White said: 'The petty and evasive behaviour of NHS Fife demonstrates once again how out of touch they are with mainstream public opinion. 'Scots taxpayers have a right to know how much of their money was squandered by the health board on enforcing the SNP's dangerous and unlawful gender self-ID policy. 'Instead of apologising to Sandie Peggie and complying fully with the Information Commissioner's request, NHS Fife appear to be in denial about the Supreme Court ruling, and still stubbornly convinced that they were right to deny women access to single-sex spaces. 'And that's before we come to the rank incompetence of them disclosing their whingeing and evasion to a patient's family.' A spokesman for the health board said it 'fully respects the role and authority of the Scottish Information Commissioner and continues to accept the Scottish Information Commissioner's decision in this matter'.
The Courier
29-05-2025
- Health
- The Courier
EXCLUSIVE: Maximum NHS Fife payout to nurse at centre of trans tribunal revealed
The highest sum NHS Fife will have to pay the nurse at the centre of the trans row employment tribunal, if she wins her case, is £25,000. Kirkcaldy medic Sandie Peggie is suing the health board after she was suspended following a row with trans doctor Beth Upton on Christmas Eve in 2023. No settlement has been reached between the two parties. According to details obtained by The Courier under Freedom of Information laws, the five-figure sum is the absolute maximum NHS Fife would be liable for. If Ms Peggie is to be awarded more than £25,000, the rest of the money will come from a national risk scheme designed to protect NHS boards from heavy losses. The Courier reported in March that the health board was only responsible for 'part' of the legal bill for the hearing. We can also reveal NHS Fife has spent a total of £184,000 this year on six separate employment tribunals, covering legal fees and any settlements. NHS Fife refused to say how much it has spent on Ms Peggie's tribunal, meaning the overall cost remains unknown. On Wednesday, the health board was criticised by Scottish Information Commissioner David Hamilton for its 'poor handling' of FOI requests linked to spending. Mr Hamilton said he was 'frustrated' by NHS Fife's approach which had led to an 'unnecessary delay'. He ruled that the health board failed to do any proper checks to find the information requested. NHS Fife previously claimed it could not provide the total sum spent on the case because this would disclose personal information. Mr Hamilton disagreed. 'The commissioner cannot accept that the specific information requested can be the personal data of either of the individuals party to the tribunal,' he wrote. 'The costs are the authority's, not theirs.' A spokesperson for NHS Fife said: 'NHS Fife notes the report from the Scottish Information Commissioner and intends to comply fully with its decision notice.' In January 2024, we reported that NHS Fife's total costs on legal claims had passed £1.8 million in five years. The health board had to spend more than £180,000 on one single claim by a patient. The NHS Fife trans row employment tribunal in Dundee is set to resume on July 16.
